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Squirmishes and how they're going to go. the president's lawyer takes an extreme view going back to president buchanan in 1880 saying the congress has no role in investigating anything whatsoever. seems to repudiate the idea that whitewater was lawful or inappropriate or the committee to investigate watergate was unlawful. or appropriate. that's obviously not the case. that's not how the constitution works and it's not how i think judges who are appointed by either democrats or republicans are going to view it. i don't know that we'll see it in the next few days. the other thing that's hearten...

Mcgahn has got to be willing not to testify. he's got to be willing to be in contempt of congress potentially. they have no other -- they have really no leverage over him. it's mcgahn's call. while the president doesn't want him to testify, what -- what is left out of the opinion by the department of justice is the so-called fraud crime exception where there is a criminal activity, and that's what the congress is most interested in. and they don't even address that issue in their memo. >> it's interesting, jeff. i mean, if it's up to mcgahn, i guess part of it feels -- is how mcgahn feels abou...

In the face of these issues? and he just said, i showed up and testified. now don mcgahn may show up and testify. >> you asked for a subpoena? >> i did ask for a subpoena. >> but -- but the white house couldn't stop you. i mean, they -- they wouldn't -- didn't want you to testify, did they? >> they did not, but we wanted to test -- we wanted a subpoena so that it was required i be there and hopefully set a precedent that if you get a subpoena, you've got to honor it, even if the white house doesn't want you there. >> mcgahn is a loyal republican. he's loyal to the conservative cause if not to ...

Office. let's check in with chris for cuomo "prime time." >> we are taking on the very big breaking news tonight. we had a court say the president tax prep folks have to comply with the over sight. and now we know more about why congress is so hot on this trail. it's so exciting it's making me lose my voice. >> is it breaking? finally. when it's time to change you have to rearrange. >> i don't have a beard yet. i'll take it as it comes. what we're learning is with this new testimony from cohen they had not released this yet. we'll argue about why they're releasing it now. you learn things abou...

Was defiant if not entirely accurate. >> i think we've been the most transparent administration in the history of our country. we just went through two years of bob mueller with 18 people that hated donald trump, they were angry democrats as i call them. we've been through it for two years. they spent almost $40 million on it. we had i think 500 people testify. we had 1.4 or 1.5 million documents. at the end of all of that he said there's no collusion. now what happens is the democrats want a redo and we've had enough and the country's had enough. there has never been ever before an administra...